The Ethics and Anti-Corruption Commission has said the property hosting Nairobi Kadhi's Court has been grabbed.
EACC on Sunday said they have moved to court to recover the property from grabbers.
The commission said the property was fraudulently allocated to a former MP by a former commissioner of lands.
"Although the Judiciary of Kenya has been in actual possession and in use of the Kadhi’s Court, the building is illegally owned by a private company that acquired it from a former Makueni MP," EACC said.
The property is located along Elgon Road, Upper Hill Area, Nairobi and has a current market value of Sh410 million.
On May 11, the Commission sought and obtained injunction orders from the Milimani Environment and Land Court restraining the Defendants from selling or otherwise dealing with the property pending the hearing and determination of the case.
In the case, EACC sued the former Makueni MP and a private company to which the former legislator allegedly transferred the stolen property. Also sued are the two Directors of the company.
The former Commissioner of Lands has been sued in his personal capacity on account of fraud, illegality, and/or acting ultra vires in his powers and functions.
The EACC claims to have established that the former commissioner of lands, acting in the purported exercise of statutory powers conferred upon the Commissioner of Lands, illegally allocated the parcel of land to the former MP vide allotment Ref 44805/VI/39.
The allocation, EACC says, happened on April 8, 1994.
The former MP is then said to have transferred the property to a private company on February 14, 1994. The company used the title to secure an overdraft facility of Sh10,481,257.65 from a local bank.
Despite protests from Judicial officers, EACC says a title deed was processed in the name of the private company on March 10, 1995.
The anti-graft body now wants the former commissioner of lands ordered to pay general damages for fraud and breach of fiduciary duty
EACC also wants all the transactions culminating in the fraudulent acquisition of the Kadhi’s Court building revoked and ownership reverted to the Judiciary.
The matter has been scheduled for a hearing on July 3.
